THE JHARKHAND LOKAYUKTA ACT, 2001
(As amended up to date)
NOTE:-English Version of Jharkhand Lokayukta Act,2001,Jharkhand Lokayukta (Service Conditions ) Rules ,2001 and Jharkhand Lokayukta(Investigation) Rules, 2001 are based on Translation of Hindi version and therefore not Authenticated . Since it was Reported by the Personal Administrative Reforms and Rajbhasha Department Jharkhand letter no. 6/Lokayukta (Stha)-001/2005 Ka-4272 dated 28/07/2011 that Authenticated and Enacted English Version of Jharkhand Lokayukta Act.2001, Jharkhand Lokayukta (Service Conditions ) Rules ,2001 and Jharkhand Lokayukta(Investigation) Rules, 2001 have not been Prepared by the department.
1. Short title,extent and commencement.-
(1) This Act may be called the Jharkhand Lokayukta Act, 2001.
(2) It extends to the whole of the State of Jharkhand.
(3) It shall come into force at once.
2. Definitions. - In this Act unless the context otherwise requires-
(a) "Action" means action taken by way of decision, recommendation or finding or in any other manner and includes failure to act and all other expressions connoting action shall be construed accordingly;
(b) "Allegation" in relation to a public servant means any affirmation that such public servant-
(i) Has abused his position as such to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person.
(ii) Was actuated in the discharge of the function as such public servant by personal interest or improper, corrupt motives, or
(iii) is guilty or corruption or lack of integrity in his capacity as such public servant;
(c) "Competent authority" in relation to a public servant means--
(i) In the case of Ministers or a Secretary: - The Chief Minister or during the period of operation of any proclamation issued under Article 356 of the Constitution, the Governor;
(ii) In the case of any other public servant:- Such a authority as may be prescribed;
(d) "Grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;
(e) "Lokayukta" means a person appointed as the Lokayukta of Jharkhand under section 3;
(f) "Maladministration" means action taken or purporting to have been taken in the exercise of administrative functions in any case-
(i) Where such action or the administrative procedure or practice governing such action in unreason, unjust, oppressive or improperly discriminatory, or (ii) Where there has been negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;(g) "Minister" means a member (other than the Chief Minister) of the Council of Ministers by whatever name called for the State and includes a State Minister, a Deputy Minister and Parliamentary Secretary;
(h) "Officer" meansa person appointed to a public service or post in connection with the affairs of the State;
(i) "Prescribed" means prescribed by rules made under this Act;
(j) "Public Servant" denotes a person falling under any of the descriptions hereinafter following namely:-
(i) Every Minister referred to in clause (g);
(ii) Every Officer referred to in clause (h);
(iii) Every Officer referred to in clause (h) who on deputation or on transfer to Foreign Service is in the service or pay of--
(a) Any local authority in the State which is notified in the Official Gazette;
(b) Any Corporation (not being the local authority) established by or under the State Act and owned or controlled by the State Government;
(c) any Government Company within the meaning of section 617 of the Companies Act, 1956(Act I of 1956) in which not less than fifty one percent of the paid up share capital is held by the State Government or any company which is subsidiary of a company in which not less than fifty-one percent of the paid up share capital is held by the State Government;
(d) any society registered under the Societies Registration under the Societies Registration Act, 1860 (Act 21 of 1860) which is subject to the control of the State Government and which is notified by the State Government in this behalf in the Official Gazette;
(iv) Every head or his deputy by whatever designation he may be known, of the local authority, the Corporation, the Government company in this behalf in the Official Gazette;
(k) "Secretary" means--
(i) The Chief Secretary, a Principal Secretary, a Secretary, a Special Secretary or an Addition Secretary to the State Government in any Department or an officer of the rank of Divisional Commissioner posted in the Secretariat of the State Government or in any office attached to the Secretary,
(ii) A Secretary, a Special Secretary or an Additional Secretary in the Chief Minister's Secretariat and includes a Joint Secretary in independent charge of any Department.